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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Green Tree Park Municipal Utility |
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District; granting a limited power of eminent domain; providing |
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authority to issue bonds; providing authority to impose |
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assessments, fees, and taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 7889 to read as follows: |
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CHAPTER 7889. GREEN TREE PARK MUNICIPAL UTILITY DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7889.0101. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the Green Tree Park Municipal |
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Utility District. |
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Sec. 7889.0102. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 7889.0103. CONFIRMATION AND DIRECTORS' ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 7889.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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7889.0103 until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district. |
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Sec. 7889.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
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(a) The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 7889.0106. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 7889.0201. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Except as provided by Section 7889.0202, directors |
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serve staggered four-year terms. |
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Sec. 7889.0202. TEMPORARY DIRECTORS. (a) On or after the |
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effective date of the Act enacting this chapter, the owner or owners |
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of a majority of the assessed value of the real property in the |
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district may submit a petition to the commission requesting that |
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the commission appoint as temporary directors the five persons |
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named in the petition. The commission shall appoint as temporary |
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directors the five persons named in the petition. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 7889.0103; or |
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(2) the fourth anniversary of the effective date of |
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the Act enacting this chapter. |
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(c) If permanent directors have not been elected under |
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Section 7889.0103 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 7889.0103; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 7889.0301. GENERAL POWERS AND DUTIES. The district |
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has the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 7889.0302. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 7889.0303. AUTHORITY FOR ROAD PROJECTS. (a) Under |
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Section 52, Article III, Texas Constitution, the district may |
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design, acquire, construct, finance, issue bonds for, improve, and |
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convey to this state, a county, or a municipality for operation and |
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maintenance macadamized, graveled, or paved roads described by |
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Section 54.234, Water Code, or improvements, including storm |
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drainage, in aid of those roads. |
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(b) The district may exercise the powers provided by this |
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section without submitting a petition to or obtaining approval from |
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the commission as required by Section 54.234, Water Code. |
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Sec. 7889.0304. APPROVAL OF ROAD PROJECT. (a) The district |
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may not undertake a road project authorized by Section 7889.0303 |
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unless: |
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(1) each municipality or county that will operate and |
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maintain the road has approved the plans and specifications of the |
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road project, if a municipality or county will operate and maintain |
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the road; or |
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(2) the Texas Transportation Commission has approved |
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the plans and specifications of the road project, if the state will |
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operate and maintain the road. |
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(b) Except as provided by Subsection (a), the district is |
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not required to obtain approval from the Texas Transportation |
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Commission to design, acquire, construct, finance, issue bonds for, |
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improve, or convey a road project. |
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Sec. 7889.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
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ORDINANCE OR RESOLUTION. The district shall comply with all |
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applicable requirements of any ordinance or resolution that is |
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adopted under Section 54.016 or 54.0165, Water Code, and that |
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consents to the creation of the district or to the inclusion of land |
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in the district. |
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Sec. 7889.0306. LIMITATION ON USE OF EMINENT DOMAIN. The |
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district may not exercise the power of eminent domain outside the |
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district to acquire a site or easement for: |
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(1) a road project authorized by Section 7889.0303; or |
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(2) a recreational facility as defined by Section |
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49.462, Water Code. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 7889.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) |
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The district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 7889.0403. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 7889.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 7889.0401, the |
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district may impose an operation and maintenance tax on taxable |
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property in the district in accordance with Section 49.107, Water |
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Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 7889.0403. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 7889.0501. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 7889.0502. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 7889.0503. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Green Tree Park Municipal Utility District |
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initially includes all the territory contained in the following |
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area: |
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TRACT 1: That certain tract of land situated in Harris |
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County, Texas, out of the SOLOMON BROWN LEAGUE, A-5, and A-7, Harris |
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County, as described in deed from F.E. Ingram et ux, to C.T. |
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Hackney, dated October 6, 1860, and from Oscar Hillegeist to Wm. |
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Hillegeist, recorded in the Deed of Harris County, Texas, in Volume |
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460, Page 461, and said tract being more particularly described as |
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follows, to wit: |
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From the Southwest corner of said Solomon Brown League, A-7, |
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Harris County, Texas, GO East a distance of 2850 feet and North, |
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crossing Waller-Tomball Road, a distance of 3403 feet to a 1 1/2 |
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inch iron pipe found for the southwest corner of the tract herein |
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described and the POINT OF BEGINNING; |
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THENCE, on a bearing of NORTH 00 DEGREES 49 MINUTES 55 SECONDS |
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EAST, a distance of 7199.94 feet (called North 2450 varas or 6805.56 |
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feet) to an old axle found for the Northwest corner of the tract |
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herein described, and from which a 1-1/2 G.I.P. was found bearing |
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East a distance of 3.06 feet; |
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THENCE, on a bearing of SOUTH 89 DEGREES 49 MINUTES 30 SECONDS |
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EAST, a distance of 630.40 feet (called East 220 varas or 611.11 |
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feet) to a 1-1/2-inch iron rod found for the Northeast corner of the |
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tract herein described; |
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THENCE, on a bearing of SOUTH 00 DEGREES 22 MINUTES 00 SECONDS |
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WEST, a distance of 7200.44 feet (called South 2450 varas or 6805.56 |
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feet) to a 3/4-inch iron rod found for the Southeast corner of the |
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tract herein described and from which a 1/4-inch copper rod was |
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found bearing North a distance of 2.5 feet; |
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THENCE, on a bearing of SOUTH 89 DEGREES 44 MINUTES 50 SECONDS |
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WEST, a distance of 688.85 feet (called West 220 varas or 611.11 |
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feet) to the POINT OF BEGINNING; |
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SAVE AND EXCEPT all of the property located in Montgomery |
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County, Texas but including all of the property located in Harris |
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County, Texas; and |
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BEING a 60 foot wide road easement in the Solomon Brown |
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Survey, Abstract 7, Harris County, Texas. being out of 34.5406 |
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acres recorded in Volume 8298, Page 420, Deed Records, Harris |
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County, Texas, said 60 foot wide road easement being more |
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particularly described as follows: |
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COMMENCING at a 5/8-inch iron rod marking the Intersection of |
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the North right-of-way line of FM Road Number 2920 (80 feet wide) |
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and the West right-of-way line of Three Pines Drive (60 feet wide), |
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said beginning point also being the Southwest corner of that |
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certain road described in deed recorded In Volume 6890, Page 620, |
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Deed Records, Harris County, Texas; |
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THENCE NORTH 00 DEGREES 35 MINUTES 00 SECONDS WEST, 2038.43 |
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feet, with the West line of Three Pines Drive, to a point in the |
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center line of a 20 foot wide Southern Union Production Company pipe |
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line easement, recorded in Volume 1109, Page 302, Deed Records, |
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Harris County, Texas; |
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THENCE NORTH 80 DEGREES 07 MINUTES 42 SECONDS EAST, 238.00 |
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feet with said pipe line easement centerline to a point for the most |
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Northerly Southeast corner of said 34.5406 acres; |
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THENCE NORTH 00 DEGREES 39 MINUTES 20 SECONDS WEST, 792.63 |
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feet, with the East line of said 34.5406 acres to an angle point in |
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same; |
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THENCE due, NORTH, 582.84 feet, continuing in the East line |
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of said 34.5406 acres to a point for corner and PLACE OF BEGINNING; |
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THENCE due, WEST, 228.09 feet in the South line of said road |
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easement to a point for corner in the East right-of-way line of |
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Three Pines Drive; |
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THENCE NORTH 00 DEGREES 35 MINUTES 00 SECONDS WEST, 60.00 |
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feet, with said Three Pines Drive right-of-way to a point for corner |
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THENCE due, EAST, 228.71 feet with the North line of said road |
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easement to a point for corner; |
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THENCE due, SOUTH, 60.00 feet with the East line of said |
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50.7971 acres to the PLACE OF BEGINNING. |
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TRACT 2: That certain tract of land situated in Harris |
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County, Texas, out of the SOLOMON BROWN LEAGUE, A-5, and A-7, Harris |
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County, as described in deed from F.E. Ingram et ux, to C.T. |
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Hackney, dated October 6, 1860, and from Oscar Hillegeist to Wm. |
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Hillegeist, recorded in the Deed of Harris County, Texas, in Volume |
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460, Page 461, and said tract being more particularly described as |
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follows, to wit: |
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From the Southwest corner of said Solomon Brown League, A-7, |
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Harris County, Texas, GO East a distance of 2850 feet and North, |
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crossing Waller-Tomball Road, a distance of 3403 feet to a |
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1-1/2-inch iron pipe found for the Southwest corner of the tract |
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herein described and the POINT OF BEGINNING; |
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THENCE, on a bearing of NORTH 00 DEGREES 49 MINUTES 55 SECONDS |
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EAST, a distance of 7199.94 feet (called North 2450 varas or 6805.56 |
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feet) to an old axle found for the Northwest corner of the tract |
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herein described, and from which a 1-1/2 G.I.P. was found bearing |
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East a distance of 3.06 feet; |
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THENCE, on a bearing of SOUTH 89 DEGREES 49 MINUTES 30 SECONDS |
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EAST, a distance of 630.40 feet (called East 220 varas or 611.11 |
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feet) to a 1-1/2-inch iron rod found for the Northeast corner of the |
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tract herein described; |
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THENCE, on a bearing of SOUTH 00 DEGREES 22 MINUTES 00 SECONDS |
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WEST, a distance of 7200.44 feet (called South 2450 varas or 6805.56 |
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feet) to a 3/4 inch iron rod found for the Southeast corner of the |
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tract herein described and from which a 1/4-inch copper rod was |
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found bearing North a distance of 2.5 feet; |
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THENCE, on a bearing of SOUTH 89 DEGREES 44 MINUTES 50 SECONDS |
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WEST, a distance of 688.85 feet (called West 220 varas or 611.11 |
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feet) to the POINT OF BEGINNING; |
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SAVE AND EXCEPT all of the property located in Montgomery |
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County, Texas but including all of the property located in Harris |
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County, Texas; and |
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BEING a 60 foot wide road easement in the Solomon Brown |
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Survey, Abstract 7, Harris County, Texas, being out of 34.5406 |
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acres recorded in Volume 8298, Page 420, Deed Records, Harris |
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County, Texas said 60 foot wide road easement being more |
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particularly described as follows: |
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COMMENCING at a 5/8-inch iron rod marking the Intersection of |
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the North right-of-way line of FM Road Number 2920 (80 feet wide) |
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and the West right-of-way line of Three Pines Drive (60 feet wide), |
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said beginning point also being the Southwest corner of that |
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certain road described in deed recorded in Volume 6890, Page 620, |
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Deed Records, Harris County, Texas; |
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THENCE NORTH 00 DEGREES 35 MINUTES 00 SECONDS WEST, 2038.43 |
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feet, with the West line of Three Pines Drive, to a point in the |
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center line of a 20 foot wide Southern Union Production Company pipe |
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line easement, recorded in Volume 1109, Page 302, Deed Records, |
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Harris County, Texas; |
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THENCE NORTH 80 DEGREES 07 MINUTES 42 SECONDS EAST, 238.00 |
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feet with said pipe line easement centerline to a point for the most |
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Northerly Southeast corner of said 34.5406 acres; |
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THENCE NORTH 00 DEGREES 39 MINUTES 20 SECONDS WEST, 792.63 |
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feet, with the East line of said 34.5406 acres to an angle point in |
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same; |
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THENCE due, NORTH, 582.84 feet, continuing in the East line |
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of said 34.5406 acres to a point for corner and PLACE OF BEGINNING; |
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THENCE due, WEST, 228.09 feet in the South line of said road |
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easement to a point for corner in the East right-of-way line of |
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Three Pines Drive; |
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THENCE NORTH 00 DEGREES 35 MINUTES 00 SECONDS WEST, 60.00 |
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feet, with said Three Pines Drive right-of-way to a point for |
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corner; |
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THENCE due, EAST, 228.71 feet with the North line of said road |
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easement to a point for corner; |
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THENCE due, SOUTH, 60.00 feet with the East line of said |
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50.7971 acres to the PLACE OF BEGINNING. |
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TRACT 3: Being a tract or parcel of land containing 9.997 |
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acres, more or less, located in the Solomon Brown League, A-7, |
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Harris County, Texas, and being a portion of that certain call |
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12.3160 acre tract conveyed to Kevin R. Kerr as recorded in File |
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No. S-897817, and refiled under File No. S-910817 of the Harris |
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County Official Public Records of Real Property (HCOPRRP), said |
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9.997 acres being more particularly described by metes and bounds |
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as follows: |
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COMMENCING at a 1/2-inch iron rod found on the North |
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right-of-way (ROW) line of FM-2920 (formerly Tomball-Waller. Road, |
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100 feet wide), said rod marking the Southwest corner of the |
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aforesaid call 12.3160 acre Kevin R. Kerr tract, said rod also being |
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the Southeast corner of a call 0.8426 acre tract conveyed to Barbara |
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Waldrop, as recorded in File No. T-884120, HCOPRRP, from which a |
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5/8-inch iron rod found marking the southwest corner of said |
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Waldrop tract, and the intersection of the North ROW line of said |
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EM-2920 with the east ROW line of Three Pine Lane (60 feet wide), |
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bears SOUTH 83 DEGREES 02 MINUTES 36 SECONDS WEST, 176.12 feet; |
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THENCE NORTH 01 DEGREES 32 MINUTES 36 SECONDS WEST, leaving |
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said north ROW line, and along the West line of said 12.3160 acre |
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Kerr tract, at 200.09 feet passing a 5/8-inch iron rod found (1.50 |
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feet west) for Northeast corner of said Waldrop tract, same being |
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the Southeast corner of a call 1.1843 acre tract conveyed to Chad |
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Bolton, et ux, as recorded in File No. P-468635, HCOPRRP, and |
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continuing, in all, a total distance of 254.00 feet to a 5/8-inch |
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iron rod with cap set for most Westerly Southwest corner of the |
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herein described tract, the POINT OF BEGINNING; |
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THENCE NORTH 01 DEGREES 32 MINUTES 36 SECONDS WEST, |
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continuing along the west line of said call 12.3160 acre Kerr tract, |
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at 240.84 feet passing a 5/8-inch iron rod found (2.90 feet west) |
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for Northeast corner of said 1.1843 acre Bolton tract, same being |
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the Southeast corner of a call 0.6468 acre tract conveyed to Ben L. |
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Nicholson, et ux, and Alan Broussard, as recorded in File |
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No. T-544630, HCOPRRP, at 402.15 feet passing the Northeast corner |
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of said 0.6468 acre Nicholson et al tract, same being the Southeast |
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corner of a call 0.6026 acre tract conveyed to Alan A. Broussard as |
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recorded in File No. T-544629, HCOPRRP, at 551.47 feet passing a |
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5/8-inch iron rod found (3.92 feet west) for Northeast corner of |
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said 0.6468 Broussard tract, same being the Southeast corner of a |
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call 1.9927 acre tract conveyed to Vince Yokom, et ux, as recorded |
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in File No. T-129792, HCOPRRP, and continuing, in all, a total |
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distance of 553.28 feet to a 1-1/2-inch iron pipe found for |
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Northwest corner of the herein described tract, said pipe being the |
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Southwest corner of the residue of an original 100 acre tract |
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(called 50 acres) as conveyed to JAJO Land Company, Inc., and |
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recorded in File No. G-018758, and File No. T-738618, HCOPRRP; |
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THENCE NORTH 88 DEGREES 04 MINUTES 55 SECONDS EAST, along the |
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North line of said 12.3160 acre Kerr tract, same being the South |
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line of said 50 acre JAJO Land Company tract, 611.76 feet to a |
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5/8-inch iron rod with cap set for Northeast corner of the herein |
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described tract, from which a 1-inch iron rod found marking the |
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Northeast corner of said 12.3160 Kerr tract bears NORTH 88 DEGREES |
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04 MINUTES 55 SECONDS EAST, 75.90 feet; |
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THENCE SOUTH 01 DEGREES 54 MINUTES 00 SECONDS EAST, leaving |
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the South line of said call 50 acre JAJO Land Company tract, a |
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distance of 752.67 feet to a 5/8-inch iron rod with cap set for |
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Southeast corner of the herein described tract, said rod being on |
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the North ROW line of said FM-2920 (100 feet wide), said rod also |
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being on the arc of a curve, from which a 5/8-inch iron rod found in |
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said curve for Southeast corner of said 12.3160 acre Kerr tract |
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bears (along its long chord) NORTH 81 DEGREES 59 MINUTES 19 SECONDS |
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EAST, 76.33 feet; |
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THENCE along the North ROW line of said FM-2920, 180.15 feet |
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along the arc of a curve to the right, said curve having a chord |
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which bears SOUTH 82 DEGREES 37 MINUTES 57 SECONDS WEST, a chord |
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distance of 180.14 feet, a radius of 11409.30 feet and a central |
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angle of 00 DEGREES 54 MINUTES 17 SECONDS to a concrete monument |
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found for the end of said curve; |
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THENCE SOUTH 83 DEGREES 11 MINUTES 00 SECONDS WEST, |
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continuing along said North ROW line, a distance of 252.08 feet to a |
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5/8-inch iron rod with cap set for most Southerly Southwest corner |
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of the herein described tract; |
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THENCE NORTH 06 DEGREES 31 MINUTES 46 SECONDS WEST, leaving |
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said North ROW line, a distance of 247.00 feet to a 5/8-inch iron |
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rod set for interior corner; |
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THENCE SOUTH 85 DEGREES 14 MINUTES 32 SECONDS WEST, a |
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distance of 165.00 feet to the POINT OF BEGINNING and containing |
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9.997 acres (435,452 square feet based on mathematical closure) of |
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land, more or less. |
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SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
|
representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act are fulfilled |
|
and accomplished. |
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SECTION 4. (a) Section 7889.0306, Special District Local |
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Laws Code, as added by Section 1 of this Act, takes effect only if |
|
this Act receives a two-thirds vote of all the members elected to |
|
each house. |
|
(b) If this Act does not receive a two-thirds vote of all the |
|
members elected to each house, Subchapter C, Chapter 7889, Special |
|
District Local Laws Code, as added by Section 1 of this Act, is |
|
amended by adding Section 7889.0306 to read as follows: |
|
Sec. 7889.0306. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
(c) This section is not intended to be an expression of a |
|
legislative interpretation of the requirements of Section 17(c), |
|
Article I, Texas Constitution. |
|
SECTION 5. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2019. |
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|
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* * * * * |